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Bankruptcy. Chancellor for that purpose) authorizing a creditor, who has complied with the requisitions of the Act, to prosecute it before such discreet and proper persons as the Lord Chancellor or the Master of the Rolls, &c. may think fit to appoint. Upon this fiat being filed and entered of record in the Court of Bankruptcy, any one or more of the commissioners may, by sect. 13, proceed thereon in all respects as commissioners executing a commission of bankrupt, except as altered by this Act.

Assignment to the assignees not necessary.

Disposition of bankrupt's

estate.

Conveyance of copyholds.

Inrolment of

2. By the 6 G. 4, c. 16, s. 63, the commissioners were empowered to assign the bankrupt's personal estate, and to convey his real estate to the assignees; but by the 1 & 2 W. 4, c. 56, s. 25, it is provided, that all such personal and real estate as was formerly required to be assigned and conveyed by the commissioners to the assignees shall vest in the assignees by their appointment as fully to all intents and purposes as if such estate were assigned by deed. And in the case of the death or removal of any assignee, the same shall vest in the new assignee, without any deed of assignment or conveyance: where the 6 G. 4, c. 16, requires the conveyance to the assignees to be registered or inrolled, the certificates of the appointment of the assignees is required, by sect. 26 of the 1 & 2 W. 4, to be inrolled.

3. By the 6 G. 4, c. 16, s. 65, re-enacting the 21 Jac. 1, c. 19, the commissioners were authorized to dispose of the bankrupt's estate tail, in possession, reversion, or remainder, and such deed was to be good against all persons whom a fine or recovery or any other means might cut off or debar from any remainder, reversion, or other estate; but by the 3 & 4 W. 4, c. 74, s. 56, 57, 58, the commissioner is enabled, by any disposition of the bankrupt's lands for the benefit of creditors, to create such an estate only as the actual tenant in tail might have done if he had not become bankrupt, i. e. subject to the consent or otherwise of the protector, if there be any, see post, FINES AND RECOVERIES, and 3 & 4 W. 4, c. 74, Appendix.

4. By sect. 68 of 6 G. 4, c. 16, commissioners are empowered to convey copyhold estates immediately to a purchaser, whereby the fine for the admission of the assignees is saved; and by sect. 69 it is enacted, that if a vendee offer a competent fine to the lord, and the lord refuses, and will not admit him, he may enter. By the 3 & 4 W. 4, c. 74, the disposition, by the commissioner, of the copyholds of the bankrupt, where his estate is not equitable, is to have the same operation as a surrender, and the person to whom the disposition is made may claim to be admitted, upon paying the fines and dues.

5. Every deed of conveyance of freeholds by commissioners is, by conveyances by the 3 & 4 W. 4, c. 74, s. 59, to be inrolled in his Maj. High Court of Chancery, within six calendar months after the execution thereof.

commissioners.

And

every deed of conveyance of copyhold must be entered within the same period on the court rolls of the manor of which they are parcel; and the consent of the protector, if there be any, must also in like manner be inrolled or entered.

Bankruptcy.

6. Instead of the provisional assignees, which the 6 G. 4 empowers Official asthe commissioners to appoint, it is enacted, by sect. 22 of the 1 & 2 signees. W. 4, that official assignees shall be appointed by the Lord Chancellor, and that in London bankruptcies each bankrupt's estate and effects shall vest in an official assignee, who, until the assignees are chosen, shall be deemed to be sole assignee. In country bankruptcies Provisional the commissioners are still empowered to appoint provisional as assignees. signees, and to assign the bankrupt's estate and effects to them, according to the old law, and see further Dig. p. ii. tit. BANKRUPT; p. iii. tit. INSOLVENT DEBTOR; also Eden, B. L. 78; Stewart's Law and Pract. of the Court of Bankruptcy, 48; Archbold's Law of Bankruptcy. But provisional assignments ought not to be executed, unless where an extent is apprehended, or it is intended to carry on the trade. If executed without necessity, costs will not be allowed, Ex parte M'Williams, 1 Madd. 141. As to the conveyance by the commissioner or the assignees to a purchaser, see Precedents and Observations thereon.

No. CCXVIII.

(a) Affidavit of Debt for obtaining a Fiat.

No. CCXVIII.

Obs. In a town bankruptcy, sworn before a Master in Chancery; Affidavit of in the country, before a Master Extraordinary.

A. B. of &c. maketh oath that C. D. of &c. is justly and truly indebted unto him in the sum of £

(as to the amount of

the petitioning creditor's debt under 5 & 6 Vict. c. 122, s. 9, see Dig. p. ii. tit. INSOLVENT DEBTORS) and upwards for goods sold and delivered by this deponent and his partner to and for the use of the sd C. D. and this deponent furr saith that the sd C. D. is become a bankrupt within the true intent and meaning of the statute made and now in force concerning bankrupts as this deponent hath been informed and verily believes

Sworn at the public office the

day of

before me

A. B.

Debt.

T. M. Master in Chancery.

(a) See Eden, B. L. Append. 112; Stewart, Law and Pract. of the Court of Bankruptcy.

No. CCXIX.

Affidavit of
Debt.

No. CCXIX.

Affidavit in a Country Bankruptcy.

A. B. of &c. maketh oath &c. and this deponent furr saith that the sd C. D. is become &c. And that the fiat of bankruptcy when obtained is intended to be prosecuted at afd or

within ten miles of the same place and not within forty miles of

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No. CCXX.
Bond.

Obligation.

Condition.

No. CCXX.

Bond given by Petitioning Creditor.

Obs. By the last Bankrupt Act, 5 & 6 Vict. c. 122, the Lord Chancellor is empowered to dispense with this bond; see Dig. p. iii. tit. INSOLVENT DEBTOR.

Know all men by these prests that I A. B. of &c. am held and firmly bound to the Right Hon the Ld High Chancellor of Gt Britain in the sum of (see Obs. supra) of good and Iful money of Gt Brit to be pd to the sd Ld H. C. or his certain atty his exs ads or ass to which paymt well and truly to be made I bind myself my hrs exs and ads firmly by these prests sealed with seal

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my yr of &c. and the year

Now the condition of this obligation is such that if the above bounden A. B. shall prove as well before her Maj. Ct of Bankruptcy (or, in a country bankruptcy, "before commissioners to be appointed in a fiat agst C. D. of &c.") as upon a trial at law in case the due issuing forth of the sd fiat agst the sd Ct be tried that the sd C. D. is truly and justly indebted to the sd A. B. in the sum of £ (see ante, No. CCXVIII.) or upwards and is become bankrupt within the true intent and meaning of the statutes made and now in force concerning bankrupts some or one of them And if the sd A. B. shall cause the sd fiat to be prosecuted according to law then this obligation to be void or else to be in

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No. CCXXI.

Certificate of the Solicitor of the Petitioning Creditor in the
Country.

I do hby certify that the commissioners to be named in a fiat of bankruptcy intended to be issued against the sd C. D. are not nor is either of them to the best of my knowledge and belief creditors or a creditor of the sd intended bankrupt

No. CCXXI.

Petition, (Certificate.)

D. F.

No. CCXXII.

The Creditor's Petition for a Fiat in Bankruptcy.

To the Right Honourable the Lord High Chancellor of Great

Sheweth

Britain.

That C. D. being a trader and upon just and good causes indebted unto your petitioner in the sum of £ (see ante, No. CCXVIII.) did lately commit an act of bankruptcy within the intent and meaning of the laws concerning bankruptcy Your petitioner therefore most humbly prays that your lordship will be pleased to issue your fiat authorizing your petitioner as such creditor as afd to prosecute his complaint in his Maj. Ct of Bankruptcy (or, if in a country bankruptcy, "before such discreet and proper persons as your lordship by such fiat may think fit to nominate and appoint to act as commissioners in that behalf"-now a district court under 5 & 6 V. c. 122, ub. sup.) And your Petitioner shall &c.

No. CCXXII.

For a Fiat.

No. CCXXIII.

Petition for a Fiat where one is not proceeded in.

In the matter of C. D. of &c.

against whom a fiat of

bankruptcy issued

To the Right Honourable

the Lord High Chancellor
of Great Britain

The humble petition of A. B. of &c. a creditor of the sd C. D.

No. CCXXIII.

For a Fiat.

a bankrupt

Sheweth

That on the

day of

a fiat was awarded and issued

Petition

(For a Fiat.)

No. CCXXIII. agst the sd C. D. on the petition of F. K. of &c. directed to her Maj. Ct of Bktcy (or, if in the country, "to E. F. and G. H. esqrs therein apptd to act as commissioners," but see ante, No. CCXXII.)

That your petitioner hath caused the London Gazettes to be searched from the day of to the day of inclusive as by the affidavit of I. P. of &c. hereto annexed appears and doth not find that the sd C. D. hath been declared a bankrupt That your petitioner hath made an affidavit that the sd C. D. is justly and truly indebted unto him in the sum of £ ante, No. CCXVIII.) and upwards and is ready to enter into the usual bond to your lordship to ground another fiat in bankruptcy agst the sd C. D. which your petitioner hby undertakes to prosecute with effect for the benefit of himself and the rest of the creditors of the sd C. D.

(see

Your petitioner therefore prays that your lordship will be pleased to order the fiat so awarded and issued agst the sd C. D. to be forthwith rescinded and annulled and that a new fiat may issue agst the sd C. D. directed to her Maj. Ct of Bktcy (or, if in the country, "to the sd E. F. &c." see ante, No. CCXXII.)

And &c.

No. CCXXIV. To enlarge Time for Surrender.

No. CCXXIV.

Petition to enlarge the Time for the Bankrupt's Surrender.

Obs. 1. This petition is presented to the Court of Review, the chief branch of the New Court of Bankruptcy, which, by s. 2 of the New Act, has power to hear and determine all matters brought before the Lord Chancellor under the old law.

2. The order to enlarge the time for the bankrupt's surrender must be made six days before the expiration of the forty-two days. This may be done as often as the court thinks fit.

To the Court of Review

The humble petition of C. D. a bankrupt

Sheweth

That your petitioner hath been duly declared bankrupt and by summons under the hand of one of the commissioners of the

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